Suchergebnisse

In WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion, Zaker Ahmad puts a spotlight on the crucial importance of dismantling market barriers and offering incentives to improve clean technology access and diffusion across borders. To that end, the author argues for a synergistic co-development of the international trade and climate legal regimes. Two case studies – one on carbon pricing, another on official export credit support – place the theoretical arguments in a practical trade policy setting. The emerging doctrine and principle of Common Concern of Humankind serves as the key theoretical and structural foundation of the work. A useful read for anyone interested in an effective role of trade law and policy to facilitate climate action. Readership: Policy professionals, and academics working on the issue of trade, climate change, and technology transfer are key readers. Also useful for anyone interested in the role of trade in service of climate mitigation.

ABSTRACT
In the last two decades, World Trade Organization law's public interest exceptions (Article XX GATT, Article XIV GATS, Article 2.2 of the TBT Agreement, and Article 20 TRIPS) have seen the emergence and evolution of the doctrine of 'weighing and balancing.' This paper provides a criticism of this doctrine through a comparative ontological analysis and demonstrates three propositions. First, it shows that the concept of 'weighing and balancing' results from the ill-considered reception of a doctrine pertaining to federal systems. Second, the paper demonstrates through the analysis of the case law that the role of 'weighing and balancing' is rather poetical and, in reality, the Appellate Body does not engage in balancing. Third, it proposes that an outspoken 'necessity' analysis should be carried out that is tailored to arrangements based on contractual promises and is guided by the notion of quasi-reservation. The paper re-conceptualizes the Appellate Body's case law and elaborates a doctrinal framework warranted by the function of World Trade Organization law's public interest exceptions.

The growing body of WTO jurisprudence is of profound significance for the development of the general body of international law. This work examines how the WTO law can contribute to achieving coherence between general international law, international environmental law and international trade law and avoid conflicts

Preliminary Material -- Introduction -- General Features of the WTO Dispute Settlement Understanding -- Remedies under International Law -- Remedies under WTO Law -- Enforcing Remedies under WTO Law -- WTO Remedies and the Developing Countries -- Summary and Conclusions -- Bibliography -- Index.